Who are Cafcass?
Cafcass (Children and Family Court Advisory and Support Service) provides independent advice to the Court about the safety of children and what is in their best interests. They are not the same as social services/local authority, and their work is different but can overlap depending on the circumstances of the case and any previous involvement by the local authority.
Cafcass will become involved with a matter once an application for a Child Arrangement Order has been made. Once the Court application has been processed by the Court, a copy will be sent to Cafcass who will contact both parents named on the application.
The role of CAFCASS
In cases relating to child contact disputes (such as for a Child Arrangements Order), Cafcass will usually carry out certain checks prior to the first hearing. This will involve them contacting the police and local authority to see if there are any known safeguarding or welfare concerns about the child(ren) involved. Cafcass will also usually speak to each parent (usually by telephone) to give them an opportunity to explain any safeguarding or welfare concerns which they have. Cafcass will then prepare a safeguarding letter, which is a short report that Cafcass make available to the Court containing the outcomes of the safeguarding checks and any potential welfare issues which have been identified. The safeguarding letter is usually made available to the Court at least three days prior to the hearing.
At the first hearing, the Court will determine the future role of Cafcass in the proceedings. If there are no welfare concerns, then a Cafcass officer may still be involved to try to assist the parties in coming to an agreement with minimal further court proceedings. If parents are unable to reach an agreement or there are welfare concerns, then the Cafcass officer may be asked to carry out further work with the family and prepare a more detailed report on the welfare issues.
Do’s and Don’t’s when speaking to CAFCASS
Do:
Think about a few things that you want CAFCASS to know about your children.
Try to keep the emphasis on the children and what’s best for them, rather than for you or the other parent.
Raise any safeguarding concerns you have when the children are in the care of the other parent. This will include any abuse, neglect or alienating behaviours the children have witnessed or been subjected to directly.
Raise any concerns you have regarding alcohol or drugs.
Have an overview of why you have made the application to the Court or why you oppose the application made by the other parent.
Stick to a factual account of what has happened and what your concerns are.
Do not:
Focus on the breakdown of your relationship with the other parent other than where it directly impacts on the children.
Forget to connect the concerns you have regarding the application to the arrangements for the children highlighting that connection. By way of example, if the other parent drinks when the children are not in their care, consider whether there is an impact on the children of their drinking.
Stray into becoming overly emotional.
Exaggerate or be unnecessarily critical of the other parent, remembering that you may have a different approach to parenting.
CAFCASS Report
The Court will often ask Cafcass to prepare a report which will assist in determining the outcome of a family court dispute. A Cafcass officer will prepare this report after meeting with both parties and the child (alone where possible and only if the child has sufficient maturity and understanding). This more detailed report is known as a section 7 report.
When writing a report, the Cafcass officer will have specific regard to what is known as the ‘welfare checklist‘.
This is not a checklist in the traditional sense, but instead acts as guidance when considering what is in the best interests of any child(ren). The law is clear, that when making any decisions concerning a child the welfare of that child shall be the paramount consideration.
The Cafcass officer, and eventually the Judge, will have considered the following when forming their conclusions:
the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding).
his physical, emotional, and educational needs.
the likely effect on him of any change in his circumstances.
his age, sex, background, and any characteristics of his which the court considers relevant.
any harm which he has suffered or is at risk of suffering.
how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs.
the range of powers available to the court under this Act in the proceedings in question.
That is not to say that either the Cafcass officer or the Judge will go through and tick things off the checklist, but rather they will use the above as a guide to inform their decision-making and come to an overall conclusion based on the child(ren)’s welfare.
The Cafcass report will be sent to the Court once finalised, and a copy will likely be sent to all parties unless directed otherwise by the Court.
The parties can argue against the recommendations of the Cafcass report and dispute any factual inaccuracies in the court hearing following the report being finalised. Furthermore, the Cafcass officer who conducted the report can be asked to attend the court and be subject to cross-examination.
If a party intends to contest the content of a Cafcass report, it is important to frame a clear, concise argument and provide evidence where possible in support of their position.
If you are experiencing difficulties with arrangements for your children or have any concerns about their welfare when in the other parent’s care, please contact family@mjplaw.co.uk and we will be happy to offer assistance.
